UW Campus NAGPRA Procedures

Contents

1. Background
2. Purpose
3. Definitions
   1. Agents/Entities
   2. Collections/Holdings
   3. The Process
4. Reporting
   1. Communication/Correspondence
   2. University (Internal) Documents
      1. Preliminary Inventory
      2. Associated Documentation
   3. Official Documents Submitted to National NAGPRA Program
   4. Offers of Donation/New Acquisitions
   5. Deadlines
5. Consultation
   1. Step 1: Itemized List
   2. Step 2: Initiate Consultation
      1. Step 2.1: Identify Consulting Parties
      2. Step 2.2: Distribute Invitations to Consult
      3. Step 2.3: Respond to Requests for Additional Information
   3. Step 3: Consult
      1. Step 3.1: Requests for Consultation
      2. Step 3.2: Consultation Sessions
         1. Step 3.2.1: Scheduling Consultation Sessions
         2. Step 3.2.2: Compiling Documents for Consultation Sessions
         3. Step 3.2.3: Consultation Session Written Agreements
         4. Step 3.2.4: Hosting Consultation Sessions
            1. Step 3.2.4.1: Consultation Session Agenda: Inventories
            2. Step 3.2.4.2: Consultation Session Agenda: Summaries
            3. Step 3.2.4.3: Consultation Session Agenda: Cultural Affiliation
      3. Step 4 (Inventories): Complete an inventory
      4. Step 5 (Inventories): Submit a notice of inventory completion
      5. Step 6 (Inventories)/Step 4 (Summaries): Receive and consider requests for repatriation
      6. Step 7 (Inventories)/Step 5 (Summaries): Respond to a request for repatriation
      7. Step 6 (Summaries): Submit a notice of intended repatriation
      8. Step 8 (Inventories)/Step 7 (Summaries): Repatriate
6. Duty of Care
   1. Current Duty of Care Provisions
   2. Procedures for Ceremonial Activities in Campus Buildings
7. Inventories
   1. Step 1: Itemized List
      1. Step 1.1: Itemized List Templates
   2. Step 2: Initiate Consultation
   3. Step 3: Consult
   4. Step 4: Complete an inventory
   5. Step 5: Submit a notice of inventory completion
   6. Step 6: Receive and consider requests for repatriation
      1. Step 6.1: Disposition Claims/Requests: Inventories
   7. Step 7: Respond to a request for repatriation
      1. Step 7.1: Repatriation Request Responses: Inventories
   8. Step 8: Repatriate
   9. Deadlines: Inventories
8. Summaries
   1. Step 1: Summary of a holding or collection
   2. Step 2: Initiate Consultation
   3. Step 3: Consult
   4. Step 4: Receive and consider requests for repatriation Step 4.1: Repatriation Requests: Summaries
   5. Step 5: Respond to a request for repatriation
      1. Step 5.1: Repatriation Request Responses: Summaries
   6. Step 6: Submit a notice of intended repatriation
   7. Step 7: Repatriate
   8. Deadlines: Summaries
9. Documentation and Retention
   1. Archives Storage
   2. Images and Archives: Access
10. Campus NAGPRA Committee
    1. Purpose
    2. Committee Members
11. Related References

On November 16, 1990, congress enacted Public Law 101-601, Native American Graves Protection and Repatriation Act (NAGPRA). The Act’s purpose is to protect Native American burial sites and to regulate the removal of human remains, funerary objects, sacred objects, and objects of cultural patrimony that are located on federal, Native American, and Native Hawaiian lands. The Act provides a process for the return, upon request, of certain cultural items to their modern descendants, makes illegal the trafficking of those items, and sets forth procedures for the control of their excavation.

The University of Wisconsin is committed to respecting the values and beliefs of descendent communities and developing mutually beneficial partnerships and transparent discussion with Tribal nations through the consultation process.

The University of Wisconsin recognizes that it may hold culturally sensitive materials that contain important meaning to descendant communities, and/or that may be needed by religious leaders for the performance of present-day, ongoing, religious ceremonies. In 2024, campus policy UW-175, “Native American Graves Protection and Repatriation Act (NAGPRA) Compliance” was approved to facilitate compliance activities across campus. These procedures were created alongside the policy to establish and maintain instructions to campus units who are actively engaged in, or who could potentially manage, ancestral remains or cultural items as defined in NAGPRA. These procedures are maintained and enforced by the Campus NAGPRA Coordinator and may be updated as needed to reflect updated or new campus policies and procedures or to improve the efficacy of existing procedures. Please contact the Campus NAGPRA Coordinator to ensure you are accessing the most updated version of these procedures, before taking any action.

The purpose of this document is to provide guidance on how to implement campus policy UW-175, “Native American Graves Protection and Repatriation Act (NAGPRA) Compliance,” associated UW System Administrative Policy, SYS 645, “Native American Graves Protection and Repatriation Act (NAGPRA) Compliance,” and portions of Regent Policy Document, RPD 8-2, “Tribal Consultation,” on the UW-Madison campus.

The following definitions have been included to clarify these comprehensive procedures. Most were drawn directly from the NAGPRA Regulations.

A. Agents/Entities:

Appropriate official (previously Authorized Tribal Representative): See 43 CFR 10.2 “Appropriate official”

Curator: The manager and administrator of the collection, encompassing traditional roles of Registrar, Collection Manager, Archivist, Instructor, and more. See also Director.

Department Representative: Any entity (most often faculty, staff, or student) who acts on behalf of the University of Wisconsin-Madison Department of Anthropology, in any way.

Director: The manager and administrator of the collection, encompassing traditional roles of Registrar, Collection Manager, Archivist, Instructor, and more. See also Curator.

Indian Tribe: See 43 CFR 10.2 “Indian Tribe”. Also referred to as Tribal nation (per RPD 8-2 and SYS 645).

Lineal Descendant: See 43 CFR 10.2 “Lineal descendant”

Museum: See 43 CFR 10.2 “Museum”

Native American: See 43 CFR 10.2 “Native American”

Native Hawaiian Organization (NHO): 43 CFR 10.2 “Native Hawaiian organization”. Also referred to as Tribal nation (per RPD 8-2 and SYS 645).

Ahupua’a: See 43 CFR 10.2 “Ahupua’a”

Ohana: See 43 CFR 10.2 “’Ohana”

Person: See 43 CFR 10.2 “Person”

Traditional Religious Leader: See 43 CFR 10.2 “Traditional religious leader”

B. Collections/Holdings:

Artifact: An object that has been manufactured by humans. This term is most often used when describing ethnographic objects (like clothing) and archaeological objects (like projectile points).

Collection: An assemblage of objects (see “object”) organized by its primary purpose/use. For example, an archaeological research collection, an ethnographic research collection, or a biological teaching collection. This term can also include the assemblage’s ancillary data, such as archives and/or records.

Cultural Item: See 43 CFR 10.2 “Cultural items”

Funerary object: See 43 CFR 10.2 “Funerary object”

Object of Cultural Patrimony: See 43 CFR 10.2 “Object of cultural patrimony”

Sacred object: See 43 CFR 10.2 “Sacred object”

Holding or Collection: See 43 CFR 10.2 “Holding or collection” (For example, an archaeological research collection, an ethnographic research collection, the “Joe Smith Collection,” etc.)

Human Remains: See 43 CFR 10.2 “Human remains”

Image: Photographs, film, digital images, video tapes, and digital tapes.

Record: A paper or electronic document. Although interchangeable with the term archive (see “archive”), this term most often refers to administrative activities, policies, and more, rather than collection-specific documents. Alternatively, this also refers to a database-related term describing each entry specific object or subject within a database table.

C. The Process:

Consultation or Consult: See 43 CFR 10.2 “Consultation or consult”

Cultural Affiliation: See 43 CFR 10.2 “Cultural affiliation”

Custody: See 43 CFR 10.2 “Custody”

Inventory: See 43 CFR 10.2 “Inventory”

Native American traditional knowledge: See 43 CFR 10.2 “Native American traditional knowledge”

Possession or Control: See 43 CFR 10.2 “Possession or control”

Receives Federal Funds: See 43 CFR 10.2 “Receives Federal funds”

Repatriation: See 43 CFR 10.2 “Repatriation”

Right of Possession: See 43 CFR 10.2 “Right of possession”

Summary: See 43 CFR 10.2 “Summary”

Tribal Lands: See 43 CFR 10.2 “Tribal lands”

Tribal Lands of an NHO: See 43 CFR 10.2 “Tribal lands of an NHO”

Unclaimed human remains or cultural items: 43 CFR 10.2 “Unclaimed human remains or cultural items”

A. Communication/Correspondence

1. Report all communication in reference to NAGPRA compliance to the Campus NAGPRA Coordinator. This can be satisfied by including the Campus NAGPRA Coordinator (carbon copy, or “cc”) in communications or electronically archiving correspondence and submitting to the Campus NAGPRA Coordinator. Phone calls are acceptable, but must be followed up with, at minimum, the day, time, participants, and a summary of the call. The summary need not be detailed, but keep in mind that a lack of detail could hinder future conversations and decisions.
   1. Written documents must be sent pertaining to (43 CFR 10.1(e)):
      1. requests for repatriation
      2. claims for disposition
      3. Invitations to consult
      4. Notices for publication
   2. Written documents must be sent be one of the following methods (43 CFR 10.1(e)(1)):
      1. email, with proof of receipt
      2. personal delivery with proof of delivery date
      3. private delivery service with proof of date sent, or
      4. certified mail
   3. Communication to the Manager, National NAGPRA Program, must be sent electronically to: nagpra_info@nps.gov (43 CFR 10.1(e)(2)).
2. Progress reports for current cases are submitted on a case-by-case basis (weekly, monthly, quarterly, or annually) between each Unit Representative and the Campus NAGPRA Coordinator.
3. The Tribal Relations Director will report the University’s annual NAGPRA compliance activities at the annual tribal consultation meeting (conducted under RPD 8-2, Tribal Consultation) (SYS 645).

B. University (Internal) Documents

1. Preliminary Inventory

When ancestral remains or cultural item(s) are identified, notify the Campus NAGPRA Coordinator as soon as possible (no later than 30 days of the discovery). These findings must be reported to the UW System NAGPRA Administrator within 90 days of the discovery, along with a strategic plan that complies with 43 CFR Part 10.9 and 43 CFR Part 10.10.

Subsequent steps are identified on a case-by-case basis, based on the context of each case. It is imperative that the Campus NAGPRA Coordinator be involved as early as possible, to ensure consistent compliance (for example, relationships may have already been established with potentially affiliated tribes, or the case may be associated with other current or past cases from this campus or an affiliated UW campus).

The initial report does not have to be detailed (as it is reasonable to assume that specifics, like total number of individuals or cultural items or descriptions of either, are not yet available).

2. Associated NAGPRA Documentation (See also Consultation Documentation)

All documentation acquired throughout the NAGPRA process must follow the NAGPRA Documents Records Schedule (TBA). Until this schedule is finalized, any document that is deemed appropriate for long-term archival storage must be submitted to the Campus NAGPRA Coordinator no later than three (3) months after completing repatriation activities. All temporary documentation (draft copies, informal notes, and other documents identified under the direction of the Campus NAGPRA Coordinator) must be confidentially destroyed within one (1) year of completion of repatriation activities.

See SYS 645 for documentation and reporting deadlines at the UW System level.

C. Official Documents Submitted to National NAGPRA Program

Any Unit Representative may report an itemized list, inventory or summary (or an update to an existing version of each) of ancestral remains and/or cultural items to the National NAGPRA Program, even if submitted by a different person or unit in the past. Drafting of each document, however, must be performed under the guidance of the Campus NAGPRA Coordinator.

D. Offers of Donation/New Acquisitions

While acceptance of Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony is not preferred as a general practice, there are options available to help facilitate repatriation in service to Wisconsin residents. If an offer of acquisition (purchase, donation, or other means) is extended to any unit on campus:

1. The Campus NAGPRA Coordinator may serve as a liaison to help facilitate disposition between the donor and one or more tribe. In this circumstance, ancestors and cultural items shall not be physically stored on UW property without proper documentation from both the entity in control and all interested tribal parties.
2. The UW may accept a donation or transfer offer with the intent to complete repatriation as soon as possible. This circumstance is considered rare and can only be implemented after a written request is received from Appropriate officials.

E. Deadlines*

* Days mean calendar days. If a deadline falls on a Saturday, Sunday, or Federal holiday, the action is deemed timely if taken no later than the next calendar day that is not a Saturday, Sunday, or Federal holiday. For purposes of this part, Federal holidays include any days during which the Federal government is closed because of a Federal holiday, lapse in appropriations, or other reasons (43 CFR 10.1(f)(1))

Step 1: Itemized List (Inventories and Summaries)

Compile an itemized list of any human remains and associated funerary objects OR a summary of a holding or collection.

Inventories:        Ensure the itemized list is comprehensive and covers all relevant holdings or collections. OR

Summaries:        Describe any holding or collection that may contain unassociated funerary objects, sacred objects, or objects of cultural patrimony and ensure the summary is comprehensive and covers all relevant holdings or collections.

This step may proceed without official consultation (but may include communication with Approved officials). See UW Campus NAGPRA Procedures: Inventories or UW Campus NAGPRA Procedures: Summaries regarding this step.

Step 2: Initiate consultation (Inventories and Summaries)

As soon as possible (Inventories) OR no later than 30 days (Summaries) after step 1, identify consulting parties based on information available and invite the parties to consult.

Step 2.1: Identify Consulting Parties (43 CFR 10.10(b))

As soon as possible after compiling an itemized list or summary, the Campus NAGPRA Coordinator, with assistance from the Unit Representative, will identify one or more consulting parties (i.e., any lineal descendant and any Indian Tribe or Native Hawaiian organization with potential cultural affiliation), based on information available.

Once every year, the Unit Representative, with assistance from the Campus NAGPRA Coordinator, will reassess unresolved claims and current Summaries. All newly-identified federally recognized tribes who may have an interest in human remains and cultural items currently present at the University will be identified as new consulting parties and must be invited to consult.

Resource: Refer to: https://www.federalregister.gov/index/2024/indian-affairs-bureau (Scroll down to “Indian Entities Recognized by and Eligible to Receive Services”) for the most current list; these are updated regularly.

Step 2.2: Distribute Invitations to Consult

As soon as possible after identifying a consulting party, draft and distribute an invitation to each to consult (43 CFR 10.10(b)).

Each invitation must be in writing and must include (43 CFR 10.10(b)(2)):

1. 1. An itemized list of ancestral remains, funerary objects, and/or cultural items
   2. The names of all consulting parties
   3. A proposed timeline and method for consultation

If a new consulting party is identified, an invitation to consult must be sent: (43 CFR 10.10(b)(3)):

1. 1. no later than 30 days after identifying the new party OR
   2. no later than two years after the addition of a Tribal entity to the list of federally recognized Indian Tribes published in the Federal Register:

Step 2.3: Respond to Requests for Additional Information

After consultation has been initiated, a more detailed inventory must be submitted to consulting tribes and the National NAGPRA Program (43 CFR 10.10(d)).

The following comprehensive information is recommended (if applicable information is available). See the National NAGPRA Program templates for updated versions:

Item [short description/title]:

Accession #:

Collection ID:

Catalog #:

Description:

Site Name/Site Number:

Geographical Location:

State:

County:

Acquisition History:

Number of individuals [can list individually or as a group/lot]:

Description:

Accession #:

Catalog #:

Number of associated funerary objects [can list individually or as a group/lot]:

Description:

Accession #:

Catalog #:

Age/Culture/Cultural affiliation:

Additional information or hazardous substances:

Comments:

In addition to the above recommended information, each unit will also compile and provide other information relating to NAGPRA-eligible collections as requested, including the Campus NAGPRA Coordinator in all communication. If this information will take significant time to compile (SYS 645):

1. 1. The unit will provide an estimated time frame for completion to the Appropriate official and the Campus NAGPRA Coordinator.
   2. The unit will include the Campus NAGPRA Coordinator on all responsive activities.

Step 3: Consult (Inventories and Summaries)

Consult on human remains or associated funerary objects OR cultural items

Respond to any consulting party, consult on identifications, and prepare a record of consultation that describes the concurrence, disagreement, or nonresponse of the consulting parties to the identifications.

Step 3.1: Requests for Consultation

A request for consultation originates from an Appropriate official and can be verbal or written in nature (in-person, virtual, phone, email, or mail), but must be submitted to the Campus NAGPRA Coordinator.

Provide clear instructions and contact information for submitting a request for consultation on the UW NAGPRA website (https://nagpra.wisc.edu/contact-us/), including web-based Request Information and Consultation Request forms (SYS 645).

The Campus NAGPRA Coordinator will manage a comprehensive list of consultation requests and will make this list available to the UW System NAGPRA Administrator. This list will include:

1. 1. Date of request
   2. Name and title of Appropriate official
   3. A brief description of the request, including:
      1. a preference on the proposed timeline and method for consultation (43 CFR 10.9(c)(1)(i), 43 CFR Part 10.10(c)(1))
      2. the name, phone number, email address, or mailing address for any authorized representative, traditional religious leader, and known lineal descendant who may participate in consultation (43 CFR 10.9(c)(1)(ii), 43 CFR Part 10.10(c)(1))
   4. A brief description and date(s) of the resulting action(s)

Step 3.2: Consultation Sessions

Step 3.2.1: Scheduling Consultation Sessions

Consultation sessions are scheduled by the Campus NAGPRA Coordinator, with assistance from the applicable Unit Representative(s) relevant to the case in question. Each consultation session is scheduled in the format (in-person, virtual, phone) requested by the Appropriate official (SYS 645).

The Campus NAGPRA Coordinator will offer reimbursement for travel (including local lodging) and honoraria (for expertise provided by tribal representatives and religious leaders) through grants or internal funds (UW NAGPRA annual budget, managed by the Campus NAGPRA Coordinator).

The Campus NAGPRA Coordinator will facilitate collaboration between units at the University and between Universities of Wisconsin campuses to consolidate consultation sessions when appropriate or relevant (SYS 645).

All consultation session schedules must be reported, in advance of the session, by the Campus NAGPRA Coordinator to the UW System NAGPRA Administrator.

The Campus NAGPRA Coordinator will manage a comprehensive list of consultation sessions and will make this list available to the UW System NAGPRA Administrator (SYS 645). This list will include:

1. 1. 1. Date of session
      2. Location or format of session (in-person, virtual, phone, email, mail, etc.)
      3. Names and titles of all participants
      4. A brief description of the session topic
      5. A brief description of the concurrence, disagreement, or nonresponse of the consulting parties, addressing the minimum consultation topics listed above (43 CFR 10.10(c)(3).

Step 3.2.2: Compiling Documents for Consultation Sessions

Each unit will compile and provide relevant information for each consultation session as requested by the Appropriate official(s) (43 CFR 10.10(c)(4)), following the Inventories and Summaries procedures.

Although not required under NAGPRA, units are encouraged to consult with Tribal nations regarding identification of other items under the institution’s control that might be culturally sensitive (SYS 645).

1. 1. 1. Consultation Session Agendas/Notes
         1. The consultation session proctor (either the Campus NAGPRA Coordinator or the UW System NAGPRA Administrator) will provide paper copies of the agenda and discussion supplements (Inventory or Summary, additional descriptive or analysis data, publications, requested information, etc.) at each consultation session. Electronic copies of these documents will be distributed in advance only after approval from the Appropriate officials who will be present.
      2. Consultation Session Supporting Documents
         1. Itemized Inventory
         2. Supplemental Data/Resources

Step 3.2.3: Consultation Session Written Agreements

A written agreement must be approved and signed between the University and the Tribal nation prior to each consultation session (one agreement may serve for multiple consultation sessions but must be reviewed and approved prior to each future consultation session), unless the Tribal nation does not want one.

The following should be included, at minimum, in each written agreement:

1. 1. 1. Specific collections and/or cultural items of concern, and subjects or types of information that should be considered confidential (SYS 645).
      2. A clear description of traditional care, storage requirements (including rehousing, if requested), handling, and access for the Native American ancestral remains and cultural items from this point forward (see also Duty of Care above) (SYS 645).
      3. Recording restrictions before, during, and after the consultation session, including both note taking and the use of recording devices (like cameras) (SYS 645).
      4. A clear statement of the tribe’s requests regarding the access to information that the university may provide to tribal members, researchers, staff, government officials, the press, and members of the public who submit a request for information (SYS 645).

Step 3.2.4: Hosting Consultation Sessions

The consultation session must be proctored by either the Campus NAGPRA Coordinator or the Universities of Wisconsin NAGPRA Administrator (SYS 645), utilizing the Campus NAGPRA Committee if applicable (once established).

The Campus NAGPRA Coordinator will strive to resolve disagreements in good faith through mutually agreed upon processes of mediation or arbitration at consultation sessions. Disagreements deemed unresolved upon conclusion of the session may be addressed at one or more future consultation sessions. If no consensus can be determined by the legal deadlines, the Chancellor or his or her designee will make a determination based on the available evidence that reflects the University’s legal obligations and ethical position.

Step 3.2.4.1: Consultation Session Agenda: Inventories

Each consultation session pertaining to Inventories must address, at minimum (43 CFR 10.10(c)(2)):

1. 1. 1. 1. Lineal descendants
         2. Indian Tribes or Native Hawaiian organizations with cultural affiliation
         3. The types of objects that might be associated funerary objects, including any objects that were made exclusively for burial purposes or to contain human remains; and
         4. The duty of care under 10.1(d) for human remains or associated funerary objects

Step 3.2.4.2: Consultation Session Agenda: Summaries

Each consultation session pertaining to Summaries must address, at minimum (43 CFR 10.9(c)(2)):

1. 1. 1. 1. Lineal descendants
         2. Indian Tribes or Native Hawaiian organizations with cultural affiliation
         3. The types of objects that might be unassociated funerary objects, sacred objects, or objects of cultural patrimony; and
         4. The duty of care under 10.1(d) for unassociated funerary objects, sacred objects, or objects of cultural patrimony.

Step 3.2.4.3: Consultation Session Agenda: Cultural Affiliation (Inventories and Summaries)

Consultation will include a discussion to determine cultural affiliation (43 CFR 10.3(a)):

1. 1. 1. 1. One or more of the following equally relevant types of information about ancestral remains or cultural items may be used: Anthropological, archaeological, biological, folkloric, geographical, historical, kinship, linguistic, oral traditional, or other relevant information or expert opinion, including Native American traditional knowledge.
         2. A lack of any type of information does not preclude a determination of cultural affiliation. One type of information may be used to determine cultural affiliation when no other relevant information is available.

Three criteria must be identified for cultural affiliation (43 CFR 10.3(b)):

1. 1. 1. 1. One or more earlier groups connected to the human remains or cultural items
         2. One or more Indian Tribes or Native Hawaiian organizations; and
         3. A relationship of shared group identity between the earlier group and the Indian Tribe or Native Hawaiian organization that can be reasonably traced through time.

As little as one line of information may be used to identify the criteria (43 CFR 10.3(b)(2)).

The final cultural affiliation determination (which can be to more than one tribe) must meet one of the following (43 CFR 10.3(c)(1)):

1. 1. 1. 1. Cultural affiliation is identified clearly by the information available,
         2. Cultural affiliation is identified reasonably by the geographical location or acquisition history, or
         3. Cultural affiliation cannot be clearly or reasonably identified.

Step 4 (Inventories): Complete an inventory

Complete an inventory of human remains or associated funerary objects

By deadlines described below, submit an inventory with clear determinations to all consulting parties and nagpra_info@nps.gov.

This step may proceed without official consultation (but may include communication with Appropriate officials). See Inventories and Summaries in the UW Campus NAGPRA Procedures regarding this step.

Step 5 (Inventories): Submit a notice of inventory completion

No later than six months after step 4, submit a notice to consulting parties and to nagpra_info@nps.gov for publication in the Federal Register.

This step may proceed without official consultation (but may include communication with Appropriate officials). See Inventories and Summaries in the UW Campus NAGPRA Procedures regarding this step.

Step 6 (Inventories)/Step 4 (Summaries): Receive and consider requests for repatriation

At any time after publication of a notice or compiling a summary, any lineal descendant, Indian Tribe or Native Hawaiian organization may submit a request for repatriation of a request for repatriation of cultural items.

This step may proceed without official consultation (but may include communication with Appropriate officials). See Inventories and Summaries in the UW Campus NAGPRA Procedures regarding this step.

Step 7 (Inventories)/Step 5 (Summaries): Respond to a request for repatriation

No later than 90 days after step 6 (Inventories) or Step 4 (Summaries), send a written response to the requestor and any other party identified in the notice (Inventories) or consulting party (Summaries).

This step may proceed without official consultation (but may include communication with Appropriate officials). See Inventories and Summaries in the UW Campus NAGPRA Procedures regarding this step.

Step 6 (Summaries): Submit a notice of intended repatriation

No later than 30 days after step 5, submit a notice of intended repatriation to all requestors, any consulting parties, and to nagpra_info@nps.gov for publication in the Federal Register.

This step may proceed without official consultation (but may include communication with Appropriate officials). See Inventories and Summaries in the UW Campus NAGPRA Procedures regarding this step.

Step 8 (Inventories): Repatriation of the human remains or associated funerary objects /
Step 7 (Summaries): Repatriation of cultural items.

No later than 90 days after step 7 (Inventories) or after publication of a notice (Summaries), send a written repatriation statement to the requestor and a copy to nagpra_info@nps.gov.

This step may proceed without official consultation (but may include communication with Appropriate officials). See Inventories and Summaries in the UW Campus NAGPRA Procedures regarding this step.

NOTE: This procedure is reserved as it is being written.

The University of Wisconsin-Madison supports traditional care, approved storage methods, and restricted building access policies relating to cultural items (both identified and potentially NAGPRA-eligible).

A. Current Duty of Care Provisions

The care of ancestral remains and culturally sensitive materials must adhere to the current preferences of Appropriate officials. This means the specific requirements may be adapted as a result of future consultation sessions. The topic of Duty of Care must be included in each consultation discussion, per the campus Consultation procedures.

The requirements listed below have been approved through past consultations and should be reviewed during each consultation session or through formal communication with one or more Appropriate officials:

*The referenced date reflects the latest known communication with the listed Appropriate official(s), although the requirement may have been in effect prior to this date.

B. Procedures for Ceremonial Activities in Campus Buildings

UW-Madison’s Environmental Health & Safety/Fire Protection (EH&S) supports requests from campus units to allow Native American community members to hold ceremonial activities that will involve the burning of tobacco, sage, sweet grass (smudging), or other ceremonial substance within any campus building, as long as the unit agrees to specific stipulations. Contact the EH&S office and/or the Campus NAGPRA Coordinator for more information.

Following guidance from the National NAGPRA Program, the following steps are used for ancestral remains and associated funerary objects:

Step 1: Itemized List

Compile an itemized list of any human remains and associated funerary objects.

Ensure the itemized list is comprehensive and covers all relevant holdings or collections.

Step 1.1: Itemized List Templates

Reporting templates can be downloaded from the National NAGPRA Program website: https://www.nps.gov/subjects/nagpra/templates.htm

At minimum, the following information must be included (if available):

1. Number of individuals identified in a reasonable manner.
2. Number of associated funerary objects and types of objects (counted separately or by lot)
3. Geographical location (provenience) by county or state
4. Acquisition history (provenance)
5. Other information available, including age, culture, or cultural affiliation
6. Presence of any potentially hazardous substances

The following additional information is recommended (if applicable information is available):

Item [short description/title]:

Accession #:

Collection ID:

Catalog #:

Description:

Site Name/Site Number:

Geographical Location:

State:

County:

Acquisition History:

Number of individuals [can list individually or as a group/lot]:

Description:

Accession #:

Catalog #:

Number of associated funerary objects [can list individually or as a group/lot]:

Description:

Accession #:

Catalog #:

Age/Culture/Cultural affiliation:

Additional information or hazardous substances:

Comments:

Step 2: Initiate consultation

As soon as possible after step 1, identify consulting parties based on information available and invite the parties to consult.

See Consultation in the UW Campus NAGPRA Procedures.

Step 3: Consult on human remains or associated funerary objects.

Respond to any consulting party, consult on identifications, and prepare a record of consultation that describes the concurrence, disagreement, or nonresponse of the consulting parties to the identifications.

See Consultation in the UW Campus NAGPRA Procedures.

Step 4: Complete an inventory of human remains or associated funerary objects.

By deadlines described below, submit an inventory with clear determinations to all consulting parties and nagpra_info@nps.gov.

Inventories are required for submission to the National NAGPRA Program for publication in the Federal Register, per NAGPRA regulations. They follow a specific template format and must include adequate consultation that follows regulation requirements. The Campus NAGPRA Coordinator will assist with this process, but the Unit Representative will provide necessary data.

1. Reporting templates can be downloaded from the National NAGPRA Program website: https://www.nps.gov/subjects/nagpra/templates.htm
2. At minimum, the following information must be included (43 CFR 10.10(d)(1)):
   1. The names of all consulting parties and dates of consultation
   2. The information, updated as appropriate, from the itemized list (see Itemized List above)
   3. For each entry in the itemized list, a determination identifying one of the following:
      1. A known lineal descendant (whose name may be withheld)
      2. The Indian Tribe of Native Hawaiian organization with cultural affiliation that is clearly identified by the information available about the human remains or associated funerary objects
      3. The Indian Tribe or Native Hawaiian organization with cultural affiliation that is reasonably identified by the geographical location or acquisition history of the human remains or associated funerary objects; or
      4. No lineal descendant or any Indian Tribe or Native Hawaiian organization with cultural affiliation can be clearly or reasonably identified. The inventory must briefly describe the information considered under § 10.3(a) of this part and the criteria identified under § 10.3(b) of this part to explain how the determination was made.

Step 5: Submit a notice of inventory completion.

No later than six months after step 4, submit a notice to consulting parties and to nagpra_info@nps.gov for publication in the Federal Register.

Step 6: Receive and consider requests for repatriation.

At any time after publication of a notice, any lineal descendant, Indian Tribe or Native Hawaiian organization may submit a request for repatriation.

Step 6.1: Disposition Claims/Requests: Inventories

A claim for disposition may be submitted by any single Tribal nation or jointly up to all Tribal nations listed as culturally affiliated (in the case of multiple affiliations, not all Tribal nations listed are required to submit a joint claim).

If competing claims are received, follow the procedure outlined in 43 CFR 10.3(e)

Step 7: Respond to a request for repatriation.

No later than 90 days after step 6, send a written response to the requestor and any other party identified in the notice.

Step 7.1: Repatriation Request Responses: Inventories

When a request for repatriation is received by an Appropriate official:

1. 1. Confirm the Tribal nation is listed on the Notice of Inventory Completion. If not, proceed with consultation (Step 3) and potentially a Notice of Inventory Completion Amendment – Cultural Affiliation.
   2. Submit acknowledgement of receipt of the request to the Appropriate
   3. Upon completion of 30 days after the Notice was published in the Federal Register, compile all repatriation request responses:
   4. Proceed with repatriation.

Step 8: Repatriation of the human remains or associated funerary objects.

No later than 90 days after step 7, send a written repatriation statement to the requestor and a copy to nagpra_info@nps.gov.

Deadlines: Inventories

After January 12, 2024, museums or Federal agencies must complete steps 1 through 4 by the following deadlines (43 CFR 10.10(d)(2)):

*Existing published Notices may be used to target specific tribes for consultation (43 CFR 10.10(d)(4)).

* Days mean calendar days. If a deadline falls on a Saturday, Sunday, or Federal holiday, the action is deemed timely if taken no later than the next calendar day that is not a Saturday, Sunday, or Federal holiday. For purposes of this part, Federal holidays include any days during which the Federal government is closed because of a Federal holiday, lapse in appropriations, or other reasons (43 CFR 10.1(f)(1))

Extension Request:

Any museum may request an extension if it has made a good faith effort but is unable to meet the deadline. Federal agencies are not eligible to request an extension and must meet the deadlines above. A museum request for an extension must be submitted BEFORE the deadline and must include:

1. Information showing the initiation of consultation;
2. Names of all consulting parties and consent to the extension from a majority of consulting parties;
3. Estimated number of human remains and associated funerary objects; and
4. Written plan for completing or updating the inventory.

Following guidance from the National NAGPRA Program, the following steps are used for cultural items (unassociated funerary objects, sacred objects, and objects of cultural patrimony). These steps may also be used for other culturally sensitive materials in a good faith effort to abide by the spirit of NAGPRA and its Duty of Care clause. 

Step 1: Compile a summary of a holding or collection.

Describe any holding or collection that may contain unassociated funerary objects, sacred objects, or objects of cultural patrimony and ensure the summary is comprehensive and covers all relevant holdings or collections.

Summaries are required for submission to the National NAGPRA Program’s files, per NAGPRA regulations. They follow a specific template format and must include notice to all potentially affiliated tribes. The Campus NAGPRA Coordinator will assist with this process, but the Unit Representative will provide information needed to include in the template.

Depending on the scope of the holding or collection, a museum or Federal agency may organize its summary into sections based on geographical area, accession or catalog name or number, or other defining attributes. A museum or Federal agency must ensure the summary is comprehensive and covers any holding or collection relevant to this section. (43 CFR 10.9(a))

1. Reporting templates can be downloaded from the National NAGPRA Program website: https://www.nps.gov/subjects/nagpra/templates.htm
2. At minimum, the following information must be included:
   1. The estimated number and a general description of the holding or collection, including any potential cultural items;
   2. The geographical location (provenience) by county or State where the potential cultural items;
   3. The acquisition history (provenance) of the potential cultural items;
   4. Other information relevant for identifying:
      1. A lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation, and
      2. Any object as an unassociated funerary object, sacred object, or object of cultural patrimony; and
   5. The presence of any potentially hazardous substances used to treat any of the unassociated funerary objects, sacred objects, or objects of cultural patrimony, if known. (43 CFR 10.9(a)(1))

Step 2: Initiate consultation.

No later than 30 days after step 1, identify consulting parties based on information available and invite the parties to consult.

See Consultation in the UW Campus NAGPRA Procedures.

Step 3: Consult on cultural items.

Respond to any consulting party, consult on identifications, and prepare a record of consultation that describes the concurrence, disagreement, or nonresponse of the consulting parties to the identifications.

See Consultation in the UW Campus NAGPRA Procedures.

Step 4: Receive and consider requests for repatriation.

At any time after compiling a summary, any lineal descendant, Indian Tribe or Native Hawaiian organization may submit a request for repatriation of cultural items.

Step 4.1: Repatriation Requests: Summaries

Requests for repatriation in response to a Summary must meet the following criteria (43 CFR 10.9(d)(3)):

1. 1. Each unassociated funerary object, sacred object, or object of cultural patrimony being requested meets the definition of an unassociated funerary object, a sacred object, or an object of cultural patrimony;
   2. The request is from a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation; and
   3. The request includes information to support a finding that the museum or Federal agency does not have right of possession to the unassociated funerary object, sacred object, or object of cultural patrimony.

Step 5: Respond to a request for repatriation.

No later than 90 days after step 4, send a written response to the requestor and any other consulting party.

Step 5.1: Repatriation Request Responses: Summaries (must be one of the following): (43 CFR 10.9(3))

1. 1. The request meets the criteria under paragraph (d) of this section. The museum or Federal agency must submit a notice of intended repatriation under paragraph (f) of this section.
   2. The request does not meet the criteria under paragraph (d) of this section. The museum or Federal agency must provide a detailed explanation why the request does not meet the criteria and an opportunity for the requestor to provide additional information to meet the criteria.
   3. The request meets the criteria under paragraph (d)(3)(i) and (ii) of this section, but the museum or Federal agency asserts a right of possession to the unassociated funerary object, sacred object, or object of cultural patrimony and refuses repatriation of the requested object to the requestor. The museum or Federal agency must provide information to prove that the museum or Federal agency has a right of possession to the unassociated funerary object, sacred object, or object of cultural patrimony.
   4. The museum or Federal agency has received competing requests for repatriation of the unassociated funerary object, sacred object, or object of cultural patrimony that meet the criteria and must determine the most appropriate requestor using the procedures and deadlines under paragraph (h) of this section.

Step 6: Submit a notice of intended repatriation.

No later than 30 days after step 5, submit a notice of intended repatriation to all requestors, any consulting parties, and to nagpra_info@nps.gov for publication in the Federal Register.

Step 7: Repatriation of cultural items.

No later than 90 days after publication of a notice, send a written repatriation statement to the requestor and a copy to nagpra_info@nps.gov.

Deadlines: Summaries

After January 12, 2024, museums or Federal agencies must complete Step 1 by the following deadlines:

*Existing submitted summaries may be used to target specific tribes for consultation (43 CFR 10.9(a)(3)).

* Days mean calendar days. If a deadline falls on a Saturday, Sunday, or Federal holiday, the action is deemed timely if taken no later than the next calendar day that is not a Saturday, Sunday, or Federal holiday. For purposes of this part, Federal holidays include any days during which the Federal government is closed because of a Federal holiday, lapse in appropriations, or other reasons (43 CFR 10.1(f)(1))

As a State of Wisconsin institution, the UWAC holds all of its objects, archives, records, and digital data in trust for the public. Like the objects themselves, digital data must conform to modern professional best practices.

Whenever possible, archiving practices for documentation relating to the NAGPRA process should conform to Regent Policy Document 3-2, Public Records Management (RPD 3-2), the University of Wisconsin System Library, Archives and Museum General Records Schedule, or the University of Wisconsin System NAGPRA Records Schedule (forthcoming), whichever is most applicable.

[Note: NAGPRA-specific retention schedule is currently being initiated by the Retention Office. This should include a blanket restriction clause under sensitive information.]

A. Archives Storage

The Campus NAGPRA Coordinator will manage the following in a secure location with restricted access and backup protocols, and in compliance with the UW NAGPRA Retention Schedule:

1. a list of all tribal communications and official consultation sessions performed in reference to NAGPRA activities on the UW-Madison campus,
2. a list of all inventories, summaries, and publications submitted to the National NAGPRA Program from the UW-Madison campus (including copies of said documents), and
3. all repatriation documents (including transfer of control and transfer of possession) of activities that has occurred on the UW-Madison campus

B. Images and Archives: Access

All units on campus must follow the Duty of Care agreements on file when accessing documents and images relating to a NAGPRA case, including for public and research inquiries that are received from tribal members, government officials, researchers, staff, public citizens, and the press.

If there is no Duty of Care agreement on file or the Duty of Care agreement does not address accessing documents and images, then the campus unit should consult with the Campus NAGPRA Coordinator prior to accessing the documents and images to determine whether they can be accessed.

All campus units must immediately notify the Campus NAGPRA Coordinator if they become aware of any public records requests that involve accessing documents and images relating to a NAGPRA case so that the Campus NAGPR Coordinator can consult with the Office of Compliance on the request.

NOTE: This section is held in RESERVE until a committee is established.

A. Purpose

This committee provides guidance on campus compliance when expertise beyond the boundaries of the Campus NAGPRA Coordinator is needed.

B. Committee Members

1. Executive/Permanent Members

TBD

2. Advisory/Temporary Members

TBD

A. Related UW-Madison or UW System Policies/Documents

RPD 3-2, Public Records Management

RPD 8-2, Tribal Consultation

SYS 645, Native American Graves Protection and Repatriation Act (NAGPRA) Compliance

UW-175, Native American Graves Protection and Repatriation Act (NAGPRA) Compliance (forthcoming)

B. Related UW-Madison Documents

University of Wisconsin System NAGPRA General Records Schedule (forthcoming)

University of Wisconsin System Library, Archives and Museum General Records Schedule

C. Related External References

Native American Graves Protection and Repatriation Act (Public Law 101-601)

Native American Graves Protection and Repatriation Act (Regulations)

Advisory Council on Historic Preservation. Policy Statement Regarding Treatment of Burial Sites, Human Remains and Funerary Objects.

Curation of Federally Owned or Administered Archeological Collections (36 CFR Part 79)

Wis. Stats. § 44.47, “Field archaeology”

Wis. Stats. § 44.48, “Archaeological resources”

Wis. Stats. § 157.70, “Burial sites preservation”